Secondary Sources Legal Research Fall 2011 Graham Bateman
Types of Secondary Sources Dictionaries Legal Encyclopedias American Law Reports (ALR) Restatements Law Review Articles Books
Types of Legal Encyclopedias General – includes state and federal laws American Jurisprudence (Am Jur) (W & L) Corpus JurisSecundum (CJS) (Westlaw) State-specific (not a true encyclopedia) Louisiana Civil Law Treatise Topic-specific Encyclopedia of Crime and Justice
Louisiana Civil Law Treatise - Louisiana focused Similar to a legal encyclopedia Sets contain– Civil Procedure, Property, Torts, Business Law, Trusts, Successions, Criminal Law, Evidence, Family Law, Workers Compensation, Business and Family Law Print finding aids Indexes – in each set and combined index Combined table of cases Available on Westlaw (LACIVL) Each set individually or in a combined database
ALR Hybrid of reporter and journal – contains full text of “lead case” and an article In-depth description of a narrow area of law Contains a Table of Cases and Statutes arranged by state Available on Westlaw TIP: In print, always use the multi-volume index rather than the 1 volume Quick Index as it references more articles
Updating Article In print – use pocket parts but also look for newer articles on same subject that may supersede your article On Westlaw Updated automatically by adding new cases Original date of article does not reflect how current the information is
Cum. Supp. Immediately follows main annotation.
Books Thorough treatment of a single topic Different types of legal books: Nutshells Written with little legalese and no footnotes Hornbooks More indepth discussion with footnotes Treatises More scholarly, thorough treatment of issue Heavily footnoted Some books available electronically but many others are only available in print
How to Find Books in our Library Use LSU Law Library Catalog If you know the author’s name, use Author If you know the title, use Title TIP: If you only have a topic, use Keyword, NOT Subject Keyword searches the subject headings plus the Title and the Notes fields If find a relevant book, look at the subject headings and click relevant subject to find more books with the same subject heading
Having Trouble Finding Books in our Library? Broaden your search Use more general search terms (ex: use “real estate” rather than “easement”) Search World Cat from Law Library screen to see what other libraries have Then visit local libraries or use inter-library loan Search for electronic books Library’s website Internet (excerpts or FT) Lexis and Westlaw – have some practitioner titles that we don’t have in the library
Restatements Summarizes a common law area; sorts out the differences in the cases across the country Published by American Law Institute (ALI) Members are nominated and voted in Written by expert(s) in the field and discussed by all members of ALI
Structure of Restatements Each section has: Rule of law Comments and illustrations (discuss how to apply the rule) Reporter’s notes (provides background and history) Summaries of cases which have applied rule in appendix volumes Reminder: Always read rule before looking at case summaries
Ease of Use Can be confusing to determine what is in effect Tentative drafts, new series Case summaries are in different volumes that cover a span of years Pocket part updates TIP: Lexis and Westlaw are easier to use, with links to various parts and b/c case summaries are all gathered together
Click on next to page through case citations. Can also see rule.
Law Review Articles In-depth, thorough analysis of narrow legal issue Description, analysis, explanation, and suggestion of alternative approach to law Typically authored by professors; also attorneys and judges Contain citations to primary materials and other secondary sources
Finding Articles – Indexes Print Index to Legal Periodicals & Books (ILP) Current Law Index (CLI) Electronic Legal Trac Search Tips: Use Advanced Search Option and unclick default Full-Text search option Index to Legal Periodicals Retrospective Index to Foreign Legal Periodicals
Finding Articles with Citation Do a Title search in Law Library Catalog Search the Journal title, not the article title Still receiving it in print? Hein Online – click on hyperlink and use citation search option in upper right hand corner of screen Lexis Get a document Westlaw Find
Note latest volume on Hein Online is v.42. Look up specific article by citation.
Finding Articles – Full Text Lexis Westlaw Hein Online Other electronic FT journals (over 8000!!) Academic OneFile ProQuest
Coverage Reminder!! Pay attention to the dates of coverage of the various indexes and full-text databases Lexis and Westlaw Coverage varies; earliest is 1980 Hein Online Begins with volume 1 for most journals ILP and CLI Begins in 1980 and 1981 respectively Index to Legal Periodicals Retrospective Coverage 1918-1981
Hein Online PDF images of articles Starts with volume 1 for most journals but does not have current volume Can access via Library Catalog or library Databases page Printing TIP: use PDF option, not HPrint You can look at article in PDF and decide which pages to print Search TIP: Search engine is not very good; easier to do citation source
Important Reminders Always read the primary materials referred to in the secondary sources!! Author may have mis-stated the law or law may have changed Do not solely rely on the primary authorities identified in the secondary sources Research primary materials independently as well Update the statutes and cases mentioned (Shepards and Keycite)